Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 97536720

Filing Date: 08/05/2022

To the Commissioner for Trademarks:

MARK: BRIMSTONE (Standard Characters, see mark)
The literal element of the mark consists of BRIMSTONE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, William Kucmierowski, a citizen of United States, having an address of
      Suite LL3
      64 Division Avenue
      Levittown, New York 11756
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 041:  Entertainment services, namely, wrestling exhibits and performances by a professional wrestler and entertainer; Radio entertainment production; Providing online non-downloadable comic books and graphic novels; Entertainment services, namely, providing an ongoing radio programs in the field of entertainment, education, current events, culture, and comedy; Entertainment services, namely, providing podcasts in the field of entertainment, education, current events, culture, and comedy

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/01/1980, and first used in commerce at least as early as 01/01/1980, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Podcast and webpage and other advertising materials.
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-4914445162-202208020 94756509914_._WEBPAGE_POD CAST.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-4914445162-202208020 94756509914_._ZOOM_ARTICL E_v1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-10437232172-20220805 124348708692_._Brimstone_ s_Podcast_Credits___Inter views___Podchaser.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-10437232172-20220805 124348708692_.___ZOOM.pdf
Converted PDF file(s) (7 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Webpage URL: http://zoomcorp.com/en/us/news/from-pro-wrestler-to-podcaster-brimstone/
Webpage Date of Access: 07/21/2022
Webpage URL: http://www.podchaser.com/creators/brimstone-107a4Wavxh
Webpage Date of Access: 07/21/2022


Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies William Kucmierowski, whose consent(s) to register is made of record.

Original PDF file:
consent-4914445162-094756 509_._Consent_Form__Signe d_.pdf
Converted PDF file(s) (1 page)
Consent File1


The owner's/holder's proposed attorney information: Adriano Pacifici. Other appointed attorneys are Mark Melasky. Adriano Pacifici of Intellectual Property Consulting, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 1400
      400 Poydras Street?
      New Orleans, Louisiana 70130
      United States
      504-323-6600(phone)
      apacifici@iplawconsulting.com
The docket/reference number is 01565.
Adriano Pacifici submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Adriano Pacifici

PRIMARY EMAIL FOR CORRESPONDENCE: apacifici@iplawconsulting.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): legalteam@trademarkfactory.com; mmelasky@iplawconsulting.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $350 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Mark Melasky/   Date: 08/05/2022
Signatory's Name: Mark Melasky
Signatory's Position: Attorney of Record, Louisiana Bar Member
Signatory's Phone Number: 504-323-6600
Signature method: Signed directly within the form
Payment Sale Number: 97536720
Payment Accounting Date: 08/05/2022

Serial Number: 97536720
Internet Transmission Date: Fri Aug 05 12:51:40 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202208051251403
83299-97536720-820168db481a198971942cba8
395b2edfd8fe33072728fa17ee9b0851f88e097-
CC-51393526-20220805124348708692